Author s Title (editor, columnist, etc.): John Railey, editorial page editor, Mick Scott editorial writer. City: Winston-Salem State: NC ZIP: 27101

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1 Carmage Walls Commentary Prize 2017 Entry Form Name of Author(s): and Mick Scott Author s Title (editor, columnist, etc.):, editorial page editor, Mick Scott editorial writer Newspaper: Winston-Salem Journal Address: 418 North Marshall Street City: Winston-Salem State: NC ZIP: Phone: Fax: Submitted by: Title of Person Submitting: Phone Number: Address: What is the subject/title of the entry? Freeing Kalvin Michael Smith Date(s) of publication? Aug. 21, 2016 through April 9, 2017 Is your newspaper under 50,000 circulation or above 50,000 circulation? Under 50,000 circulation Please give a brief explanation of issues discussed and the results achieved For years, our editorial board fought for the high courts to take up the case of Kalvin Michael Smith. We believed that there was strong evidence that Smith, a black man, was wrongly convicted of the severe beating of a white woman, Jill Marker, a conviction that was achieved by the work of a deeply flawed white detective who was overly sympathetic to Marker, a conviction that laid bare the racial tensions in our city. Some readers told us to lay off, that they were tired of hearing about this case. But we kept pressing, and, in 2016, a local lawyer found a way to get Smith released. It wasn t perfect anymore than the freed Smith getting shot was. But we continue to cover the story of this wronged man in a manner we hope is courageous and honest. 1

Sunday, August 21, 2016 A31 Kalvin Michael Smith will cry when freedom comes K alvin Michael Smith s fight, buttressed for years by his Winston-Salem supporters, is getting national attention even as

Smith s case will be featured on a new MTV series about questionable convictions, Unlocking the Secrets, and got a few minutes on the show s debut Wednesday night.

I started with the biggest question: Did he commit or have anything to do with the severe beating of Jill Marker at the Silk Plant Forest store in Winston-Salem in 1995?

2 Sunday, August 21, 2016 A31 Kalvin Michael Smith will cry when freedom comes K alvin Michael Smith s fight, buttressed for years by his Winston-Salem supporters, is getting national attention even as his plea for justice gets nowhere with Attorney General Roy Cooper. Smith s case will be featured on a new MTV series about questionable convictions, Unlocking the Secrets, and got a few minutes on the show s debut Wednesday night. Before that, on Tuesday, I sat down with Smith. I started with the biggest question: Did he commit or have anything to do with the severe beating of Jill Marker at the Silk Plant Forest store in Winston-Salem in 1995? Absolutely not, Smith replied, welcoming the question. I stand on the truth. He d never gone in the store where she worked, he said, and he d never met her. Smith, in an olive jumpsuit, is not embittered, angry or guarded. He was just talking, occasionally laughing about his youthful ignorance. We were sitting in a small room at the Forsyth Correctional Center, where Smith was transferred last year. It s a minimumsecurity prison. Smith works outside the prison most days, laying asphalt with a state Department of Transportation crew. After almost two decades inside, he said, he was like a dog at first, staring wideeyed at everything. The hot work in the hot sun is not that bad, he said, but what is bad is being transported back to the prison at the end of each workday. He spends his waking and sleeping hours dreaming of freedom. 7,142 days I ve been in here, he told me. I keep up with it every day. That s a long time to be in prison for a crime you didn t commit. This is not fair to me, it s not fair to Ms. Marker. It s not fair to the people in this community. His case has been one of the most contentious in Forsyth s modern history. Marker, a beautiful young woman who worked in the Silk Plant Forest store, was beaten so badly she suffered brain damage. Months later, Smith was charged. He is black and Marker is white. The white detective on the case, Don Williams, did not pursue a white suspect, Kenneth Lamoreaux, despite strong evidence that he was the attacker. In 1997, Smith was convicted of robbing and beating Marker and sentenced to 24 to 29 years in prison. Investigations by the Journal, the Duke University Innocence Project and a committee appointed by the Winston-Salem City Council have uncovered big holes in the investigation and prosecution of the case. But Smith, despite strong supporters, most notably the Silk Plant Forest Truth Committee, can t get a new trial. Attorney General Cooper, locked in the race for governor with Pat McCrory, won t respond with help to Smith s pleas for justice. His case, Smith said, has a lot to do politics and egos. Why is it just so hard to do the right thing? he asked. Smith, in his mid-20s when he was charged, is not giving up. His three boys have grown up while he s been in prison. One of them, his middle child and namesake son, is now in prison himself, a fate Smith blames largely on his own imprisonment, not being able to be there for his son. No physical evidence linked Smith to the crime. Most of the key witnesses against him have recanted, saying they were pressured into their original statements. Lamoreaux, the white suspect, is dead. Marker, left debilitated by the attack, lives in another state. And Smith sits in prison here. He has a bottom bunk in a large dormitory. It s noisy, making it hard to read the biographies and history books he likes. So he lays there in his bed and thinks about his case. His record up until then had been relatively minor. Girlfriends who got jealous of each other told police he was involved with the Silk Plant Forest crime, he said. On a second interview with Detective Williams at the police station, he said, he let Williams talk him into putting himself at the crime scene. I blame myself now for being ignorant, Smith said. He told Williams he did not commit the crime, but witnessed it. His statement was not presented at trial, although the state had won the right to do so. Marker identified him as her attacker, although experts have said the beating had left her so disabled that the identification was extremely questionable. The record speaks for itself, Smith said. You can pretty much tell who did YouTube/Manhouse Productions Kalvin Michael Smith insists he is innocent in the Silk Plant Forest case. it: Kenneth Lamoreaux. One theory of the case notes an insurance settlement for Marker would not have come through if the attack was not random, but by someone who knew her. Lamoreaux knew Marker. After Smith s conviction, the settlement came through. Soon after that conviction, Smith began writing letters about his case to whomever would listen. Among most other inmates, he minded his own business, his key to survival in the hell of prison. He worked at cutting hair and took courses in welding and other trades. He kept reading and thinking to keep his mind alive, not wanting to become institutionalized like some of the dead-eyed inmates around him. He listens to rhythm & blues, jazz and classical music, and has played the violin, saxophone and drums. He dreams of winning a new trial where he can prove his innocence. His sentence ends within a few years, but he wants vindication. He s never really cried about his predicament, he said. Because I feel like that s the way I lose. I ll cry when I win my freedom.

A14 Monday, August 8, 2016 O Our view The fight for justice for Kalvin Smith continues Supporters of Kalvin Michael Smith have tried every means they can think of to win him a new trial or get his

William Barber s plea for Smith and Dontae Sharpe, who was convicted of murder in 1995, to have their cases overturned, the Journal s Melissa Hall reported.

3 A14 Monday, August 8, 2016 O Our view The fight for justice for Kalvin Smith continues Supporters of Kalvin Michael Smith have tried every means they can think of to win him a new trial or get his conviction overturned. We hope they reach some level of success. About 130 people gathered at Union Baptist Church on July 31 to hear N.C. NAACP president the Rev. William Barber s plea for Smith and Dontae Sharpe, who was convicted of murder in 1995, to have their cases overturned, the Journal s Melissa Hall reported. Barber was joined by friends, family members and members of the Silk Plant Forest Truth Committee, which has studied Smith s case, all convinced that Smith is innocent of the charges against him. Smith has been in prison since 1997 after being convicted of beating Jill Marker, an assistant manager at the former Silk Plant Forest store on Silas Creek Parkway. The attack, on Dec. 9, 1995, left Marker with severe brain injuries. She lives in Ohio under 24- hour care. It s a heinous crime and its perpetrator should be in prison. If that s not Smith, then he needs to be found and brought to justice. Smith is serving up to 29 years. Sharpe was sentenced to life in prison. Barber noted the independent investigation conducted by Christopher Swecker, a former FBI investigator. In 2012, Swecker concluded that there was no credible evidence to show that Smith was at the store at the time of the attack. There was no physical evidence that he was there, Barber said during the meeting. Smith passed a police-administered polygraph test. Another suspect failed a polygraph, lied about knowing the victim and left town after the police questioned him. He was not pursued, Barber said, presumably referring to Kenneth Lamoureux, who had a history of violence and was placed at the store the night of the attack by witnesses. He died in Smith s father, Augustus Dark, said that when his son was imprisoned, he was imprisoned as well, as was his family, friends, city, state and country. Injustice affects all of us, he said at the meeting. Members of the audience afterward signed a letter asking Republican Gov. Pat McCrory to commute the men s sentences and grant them pardons. They also signed a letter asking Attorney General Roy Cooper, the Democrat challenging McCrory for governor, to vacate their convictions. We contend that the onus should be much more on Cooper than McCrory. His office has the case, and he could move for a new trial. The Journal has long advocated for justice for Smith on the grounds that the investigation that tied him to the attack was seriously flawed. There is strong evidence that he may have been wrongly convicted. Smith has maintained his innocence and has unsuccessfully sought to get his conviction overturned in state and federal courts. For supporters of justice for Smith, including the Journal, the recent rally gives a bit of hope that the powers that be will finally hear our pleas.

Sunday, November 13, 2016 A31 Smith is finally free to work for his exoneration K alvin Michael Smith told me recently he d cry when he won his freedom.

Now the real work begins for Michael Smith and his supporters, that of finally securing his exoneration on his 1997 conviction of the severe beating of Jill Marker in the Silk Plant Forest store

Smith, 45, wearing a tie on his white shirt, felt the love when he walked into that courtroom Wednesday after walking into so many courtrooms to have his liberty dreams crushed.

4 Sunday, November 13, 2016 A31 Smith is finally free to work for his exoneration K alvin Michael Smith told me recently he d cry when he won his freedom. He did just that in a Winston-Salem courtroom Wednesday afternoon. Now the real work begins for Michael Smith and his supporters, that of finally securing his exoneration on his 1997 conviction of the severe beating of Jill Marker in the Silk Plant Forest store where she worked. For the good of our justice system and public safety, and our trust in both, we need for him to continue that fight. Smith, 45, wearing a tie on his white shirt, felt the love when he walked into that courtroom Wednesday after walking into so many courtrooms to have his liberty dreams crushed. This time, he saw a new look, a happy one, on the faces of the supporters, black and white, who have stood by him for years. As Forsyth County Superior Court Judge Todd Burke read the words that would seal Smith s release, Smith took off his glasses and wiped tears from his eyes. The release would not become official until Thursday, but Smith and his old friends reunited in the courtroom rejoiced in a homecoming of sorts. Bailiffs let Smith hug family and friends before leading him away for his last few hours in prison. Smith was freed after pulling almost 20 years in prison because Judge Todd Burke ruled that Smith s1997 sentencing failed to take into account mitigating factors of Smith s work history and family support that would have supported a lesser sentence. With that, Smith, who for the past year had been held at the Forsyth Correctional Center on work release, was saved from finishing a 24- to 29-year prison sentence. His freedom, fought for so long and so hard by so many, was finally the result of a deal worked out through an effort led by local lawyer Walter Holton and the office of Attorney General Roy Cooper. David Clayton, who retired from the Winston-Salem Police Department as an assistant chief, helped out as well. Cooper, who apparently won a razor-thin victory over incumbent Pat McCrory in the governor s race Tuesday, had faced mounting pressure, including from our editorial board, to bring Smith justice. Despite strong evidence of his innocence, legal appeals in Smith s case had been defeated and all but exhausted. But the pressure peaked in recent months as a series on MTV explored the Smith case and called for justice, as did the state NAACP. Smith s release followed years of questions being raised about the case. The final push was built on that work. Investigations by the Journal, the Duke University Innocence Project, a committee appointed by the Winston-Salem City Council and by former FBI assistant director Chris Swecker uncovered big holes in the investigation of the case by the Winston-Salem Police Department and its prosecution by the Forsyth County District Attorney s office. No physical evidence tied Smith to the crime. Most of the key witnesses against WALT UNKS/JOURNAL Kalvin Michael Smith hugs his nephew, Jerrod Davis, as Smith arrives at his father s home after being freed from prison Thursday. him recanted, saying they were pressured into their original statements. Through it all, Smith has been buttressed by formidable supporters, most notably the Silk Plant Forest Truth Committee. Smith has maintained his innocence to me and everybody else who would listen. His release Wednesday did not address guilt or innocence, nor does it preclude Smith from continuing to fight for exoneration. I hope he does that. There is powerful evidence that Smith is innocent of the beating of Marker and that another man, Kenneth Lamoureux, did it. Lamoureux died in He was white, as was the Winston-Salem Police Department s lead detective on the case, Don Williams. Marker is white as well. One theory of the case says an insurance settlement for Marker would not have come through if the attack was not random, but by someone she knew. Lamoureux knew Marker. The settlement came through after Smith s conviction. The record speaks for itself, Smith told me when I visited him in prison in August. You can pretty much tell who did it: Kenneth Lamoureux. Marker was beaten so badly she suffered brain damage. If Smith is innocent, the public was in danger as long as the real assailant was on the streets. Back in August, Smith told me he d never really cried about his imprisonment. Because I feel like that s the way I lose. I ll cry when I win my freedom. Now he s won his freedom. Justice is another road. I hope he ll continue to walk it. It will be a hard one. But he won t be alone. Cry freedom.

Sunday, April 9, 2017 A31 Painful ordeal endures for Kalvin Michael Smith, Jill Marker JOURNAL FILE PHOTO Kalvin Smith testified on Jan.

K alvin Michael Smith went down on a Winston-Salem street on the last day of March, shot in the chest. I m dying, help me, he said, a nearby resident later told the Journal.

In a statement he later recanted, he put himself at the 1995 scene of one of the city s most notorious beatings, that of Jill Marker at the Silk Plant Forest where she worked.

When Journal reporter Jenny Drabble told Marker s brother, Mark Hoisington, that Smith had been shot and was in critical condition, he said, The Lord works in mysterious ways is all I can say.

5 Sunday, April 9, 2017 A31 Painful ordeal endures for Kalvin Michael Smith, Jill Marker JOURNAL FILE PHOTO Kalvin Smith testified on Jan. 6, 2009, in a hearing for a retrial on his 1997 conviction of beating Jill Marker. Smith, who was released from prison in November, suffered a serious injury when he was shot on March 31. K alvin Michael Smith went down on a Winston-Salem street on the last day of March, shot in the chest. I m dying, help me, he said, a nearby resident later told the Journal. In one sense, the 45-year-old has been dying and crying out for help for more than 20 years, since the day he talked to Winston-Salem police investigators. In a statement he later recanted, he put himself at the 1995 scene of one of the city s most notorious beatings, that of Jill Marker at the Silk Plant Forest where she worked. She was left with brain damage and remains severely disabled in her Ohio home. When Journal reporter Jenny Drabble told Marker s brother, Mark Hoisington, that Smith had been shot and was in critical condition, he said, The Lord works in mysterious ways is all I can say. I can t see God s hand on either side of the long tragic tale of Michael Smith and Jill Marker. Smith is black and Marker is white, and that simple but loaded fact has until this day sunk this case into an ugly place in the city s consciousness. The case was bungled by a white detective, the long-since retired Don Williams, who let his sympathy for Marker pour into his probe of her beating. Prosecutors relied on the testimony of witnesses, most of whom have since recanted. Smith was convicted of beating Marker and shipped off to prison. But no physical evidence has ever connected him to the crime. There is strong evidence that Smith, who always maintained his innocence (even in his recanted statement which was never introduced at trial, he only said he was at the scene but never said he was the assailant), didn t commit the crime, but that a white man now dead did. Smith s supporters, including the Silk Plant Forest Truth Committee and Darryl Hunt, exonerated in the high-profile 1984 murder of Deborah Sykes, stood by him and kept pushing, finding numerous holes in the case against him, even after an investigative series by Phoebe Zerwick in the Journal and probes by the Duke Innocence Project, a committee appointed by the Winston-Salem City Council and by former FBI assistant director Chris Swecker. Smith, like most if not all prisoners, had long dreamed of his release. When I talked to him last summer at the Forsyth Correctional Center, the minimum-security prison where he d recently been transferred, he told me about the awe he felt just being transported through town on work release, staring out at all the sights. Finally, local lawyer Walter Dalton struck a deal this past November that got Smith freed from prison, where he d been since his 1997 conviction, because his trial lawyers didn t submit factors that would have supported a lesser sentence. It was not an exoneration, but it got him out. Smith, of course, was jubilant. But if his apprehensiveness and anxiousness didn t set in then, it did soon enough. Like many prisoners released after long sentences and even ones not so long, he struggled in the days after to cope with newfound freedom. I talked with him by phone a couple of times, trying to set up an interview for this column. He was receptive, but he couldn t quite make an interview time work. He did tell me, It s hard out here. A push for exoneration for Smith has faced a tough road. His friend Darryl Hunt had mentored many released prisoners, helping them re-adjust to freedom, or what passes for it for them. But Hunt never got a chance to mentor Smith, having taken his own life by gun in a lonely dark parking lot several months before Smith s release. He was suffering from prostate cancer and depressed, his friends told the Journal. It s easy for those of us who ve never been behind bars to judge. Maybe some men who have lived years in cages, especially those unjustly locked away, never really leave those cages behind. Maybe their hearts and souls remain locked in some dark place. Love helps and sometimes it heals, whether that be the love of family, friends, a good woman LEW STAMP PHOTOGRAPHY Jill Marker, seen here in March 2011, now lives with her parents in the Akron, Ohio area. She suffered debilitating injuries in a 1995 beating. or a good dog. But many never find such sweet comforts. Smith was still alive by the time I put this column to bed, but the details of his shooting on North Jackson Street, near his home, were still unclear. This much I do know: We should never forget Jill Marker. And we should never forget Michael Smith. Their lives were ruined. Justice took a big hit, too. It should speak loudly for Jill Marker and for Michael Smith. But so far, it s been sadly silent.

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WRONGFUL CONVICTIONS CLINIC DUKE UNIVERSITY SCHOOL OF LAW SCIENCE DRIVE AND TOWERVIEW ROAD BOX 90360 DURHAM, NC 27708 0360 (919) 613 7133 FACSIMILE (919) 613 7262 JAMES E. COLEMAN, JR. JARVIS JOHN EDGERTON